[Hindu Jan Aakrosh Event] Supreme Court orders for videography of meet amidst hate speech allegations

SG Tushar Mehta, while undertaking that action will be taken against hate speech, questioned the demand to stop the event. He said that it will amount to "pre-speech censorship". He added that it was impossible for the authorities to vet the proposed speeches.

Update: 2023-02-03 14:03 GMT

The Supreme Court today issued direction to the police authorities to videograph the event which is to be organized by Hindu Jan Aakrosh Sabha on February 5 in Mumbai and submit a report on the same.

Notably, the State Government of Maharashtra has also given an undertaking before Court that if permission is granted for holding the meeting on February 5, it will be subject to the condition that "nobody will make any hate speech and act in defiance of law or disturb the public order".

Yesterday, the Supreme Court had agreed to hear a plea seeking to prohibit an alleged hate speech event which is to be organised by Hindu Jan Aakrosh Sabha on February 5 in Mumbai. The court was informed that a rally was conducted by the said Aakrosh Sabha on January 28 which called for the social and economic boycott of Muslims.

Today, Senior Advocate Kapil Sibal, appearing for the petitioner, had submitted before Court that the police should invoke Section 151 of Code of Criminal Procedure and arrest persons to prevent cognizable offences.

Solicitor General Tushar Mehta, appearing for the State strongly opposed this suggestion, but the Court went on to record the same in its order.

During the hearing, SG Mehta strongly opposed the petition by saying that the petitioner was "selectively" taking up causes though he is claiming to be a "public spirited citizen". Mehta also questioned as to why a petitioner from Kerala was concerned about an event proposed in Maharashtra.

Yesterday, the petitioners had also pressed for action in terms of the Supreme Court's order passed in October last year whereby the Supreme Court had directed the Police authorities in the states of Uttar Pradesh, Uttarakhand and UT of Delhi NCR to take suo moto action against those indulging in hate speeches as provided under the Indian Penal Code.

In the said order which was passed last year, the state authorities had also been asked to issue directions to their subordinates for taking action without looking at the religion of the accused.

The court had also called for a response from the three states on the action taken in the specific instances highlighted by the petitioners before it.

Notably, a division bench of the Supreme Court had given these directions whilst issuing notice in a plea that sought urgent intervention by the Court to stop the growing menace of targeting and terrorizing the Muslim community in India.

Case Title: Shaheen Abdulla vs. Union of India and Ors.

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